Other conditions decisions — 2013

The Board denied the appellant's claim for an apportionment of the Veteran's disability benefits on behalf of his child due to the Veteran reasonably discharging his responsibility for child support and the appellant not showing individual need for support based on limited means.

The Board found the overpayment was properly created and denied a waiver of recovery due to the Veteran's fault in not reporting his incarceration promptly, lack of undue hardship, unjust enrichment, and failure to relinquish valuable rights.

The Board found that the Veteran's death-causing cancers were not related to his service, including exposure to herbicides. The cause of death was attributed to bilateral pulmonary emboli, with pancreatic cancer and liver metastases as underlying causes.

The Board found that the Veteran's right hip arthritis did not have its onset during service and is not related to his military service.

The Board is remanding the case to obtain private medical records from a mental health facility where the Veteran was hospitalized shortly before his death, and any law enforcement records related to an investigation into his suicide. The appellant's claim for service connection for the cause of her husband's death will be reconsidered based on this additional evidence.

The Veteran's service-connected right ankle disability, characterized by dislocation and traumatic arthritis, was rated at 20% prior to May 11, 2010. From May 11, 2010 to January 10, 2013, the rating was increased to 30%. Beginning January 10, 2013, a higher 40% rating is granted.

The Board denied the Veteran's claim of service connection for muscle twitching due to an undiagnosed illness, finding that no objective manifestation of a disability was shown and that the evidence did not bear directly on the specific matter under consideration.

The appellant is entitled to accrued benefits totaling $7,147.38 for expenses paid by him in connection with the Veteran's last sickness.

The Veteran's claims for service connection for stomach and memory disorders were denied as there is no evidence of a current disability or chronicity of symptoms that can be attributed to his military service.

The Veteran seeks compensation under 38 U.S.C.A. § 1151 for additional disability, specifically mitral valve regurgitation, due to VA medical treatment from May 1997 to June 1997 for subacute bacterial endocarditis streptococcus sanguis. The Board is remanding the case for an addendum opinion that reconciles conflicting private medical evidence and addresses whether the Veteran's heart murmur pre-existed his VA treatment or was caused by carelessness, negligence, lack of proper skill in furnishing treatment.

The Board found that the service-connected disabilities did not cause or contribute substantially to the Veteran's death.

The Board has remanded the Veteran's claim of entitlement to service connection for a bilateral leg disability due to incomplete examination reports and further development is required.

The Veteran's colitis and colon cancer were not caused by VA hospital care, medical or surgical treatment, or examination. The Board found that the fault was not on the part of VA.

The Board has determined that the cause of the Veteran's death, dementia with aphasia and apraxia, is not related to his service-connected appendectomy scar or any other condition incurred in or aggravated by active military service.

The Board has denied the appellant's claim for waiver of overpayment of death pension benefits in the amount of $21,211.00 due to her failure to report additional income from a retirement account.

The Board has decided to remand the claims due to outstanding service treatment records and additional VA treatment records from a local VAMC. The Veteran's claims for service connection will be reconsidered in light of these new records.

The appellant's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund is denied as he does not have status as a veteran and therefore does not meet the requirements of basic eligibility for these VA benefits.

The Board finds that the Veteran does not have a current diagnosed low back disability and thus cannot establish service connection for this condition.

The Board has determined that the Veteran's current acute leukemia is related to his in-service herbicide exposure, and thus service connection for this condition is granted.

The Veteran's appeal for payment or reimbursement of unauthorized medical expenses incurred at Baptist Medical Center-Nass during hospitalization from December 17, 2011 through December 20, 2011 has been dismissed due to the death of the appellant.